Updated: Sunday, 20 Sep 2009, 2:18 PM EDT
Published : Saturday, 19 Sep 2009, 2:40 PM EDT
BUFFALO, N.Y. (WIVB) - Amanda Wienckowski's autopsy report said she died of a drug overdose.
But months after her body was found in a Buffalo garbage tote, her family remains convinced she was murdered.
Leslie Brill Midzinski said, "I want justice for Amanda. Amanda deserves it"
The heartbroken mother of Amanda Wienckowski refuses to let go.
"It's horrible. Every day is a challenge," she said.
Eight months ago, her daughter's corpse was found in a garbage tote behind a Buffalo church.
The Erie County Medical Examiner determined that she died of an accidental drug overdose, possibly cocaine.
Her mom still thinks she was murdered.
Defense Attorney, Steven Cohen said, "Someone doesn't just end up naked, folded up and frozen solid with date rape drug in their blood in a garbage tote."
She and her newly hired attorney asked Niagara County Surrogate Judge, Matt Murphy to order Buffalo police and the medical examiner to hand over all documents related to the Lewiston woman's death.
They previously refused, saying this was an open homicide investigation.
How could it be open if it's been ruled accidental?
Diane O'Gorman from the Buffalo Corporation Counsel said, "Right now, that's what the coroner rules now but that could be changed based on new evidence."
If it is being investigated, it's news to Amanda's family.
Who is investigating it? Who are the police officers," asked Cohen.
Amanda 's mother and attorney want this case to move forward quickly and have since launched their own investigation.
They only recently learned that a date rape drug was found in her system.
"I don't know. I think they abused her," said Leslie. "And then they did what they did and disposed of her."
Amanda's family admits she made some poor choices in her life but didn't deserve to die at the hands of someone who still walks free.